In re Julie M.
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Julie arrived at Carle Hospital on September 14, 2018, after swallowing batteries in an apparent suicide attempt. Carlefiled a petition for Julie’s emergency admission by certification to a mental health facility, Mental Health Code (405 ILCS 5/1-100) on October 5. Julie argued the petition was untimely filed, claiming that she had been medically cleared on September 28 yet remained “detained involuntarily” and that sections 3-604 and 3-610 require that a petition or certificate, be executed within 24 hours of involuntary detention. The Champaign County circuit court ordered her involuntarily committed for no more than 90 days.
The appellate court found that the capable-of-repetition-yet-evading-review exception to the mootness doctrine applied and affirmed. The Illinois Supreme Court affirmed. The section 3-610 24-hour deadline starts upon admission of a respondent under article VI and ends with the proper execution of a second examination and certificate. Admission under article VI occurs no sooner than when the petition and first certificate are properly executed. The 24-hour deadline starts upon detention based on a petition alone and ends when a certificate is furnished to or by the facility. Carle never purported to detain Julie on the basis of a petition alone nor did Julie allege that she was detained on the basis of a petition alone. Section 3-604 does not apply to this case.
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